Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 24504 of 2019 Petitioner :- Sunil Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brij Gopal,Vidya Kant Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Brij Gopal, learned counsel for the petitioner and Sri V.K. Pandey, learned A.G.A. for the State.
This petition has been filed with a prayer to allow this petition and to stay the arrest of petitioner in Case Crime No. 391 of 2019, under section 307 IPC and section 3(2)V SC/ST Act, Police Station Nurapur, District Bijnor.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); applicant is not named in the FIR; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
We have perused the FIR and from perusal of the allegations as made in the impugned F. I. R., it cannot be said that no cognizable offence is made out.
Reference may be made to the judgment of the Apex Court rendered in the case of R. Kalyani v. Janak C. Mehta and Others reported in 2009 (1) SCC 516. The said decision has also been followed by the Apex Court in the case of Kamlesh Kumari and Ors. v. State of U.P. and Ors. reported in 2015 AIR SCW 3700.
After hearing learned counsel for the parties and after perusing the impugned FIR and keeping in view the law as laid down by the Apex Court in the aforementioned cases and also looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
However, it is provided that in case, petitioner appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 28.11.2019 RPD